Kumar (Migration)

The matter before the Tribunal concerned a Student (Temporary) (Class TU) visa, subclass 500, applied for by the applicant. The core of the dispute revolved around whether the applicant had provided sufficient evidence of financial capacity to meet the requirements of the visa application. The decision was made by Member Wendy Banfield.

The Tribunal was required to determine whether the applicant had provided evidence of financial capacity in accordance with clause 500.214(3) of the relevant instrument, LIN 19/198. Specifically, this involved assessing whether the applicant had demonstrated genuine access to sufficient funds to cover 12 months of living expenses, the first 12 months of course fees, and travel expenses. The Tribunal also needed to consider whether the available funds were sufficient to meet these costs and expenses, and crucially, whether the applicant would have genuine access to those funds.

The Tribunal found that the applicant's course fees for the General English course had been paid, and the applicant was enrolled until 22 December 2024. Based on the remaining duration of study, the applicant was required to demonstrate access to $8,031.00 for living expenses and $1,000.00 for travel, totalling $9,031.00. The applicant provided documentary evidence of funds held by his parents in Australian dollars equivalent to $20,604.74 and by his brother equivalent to $23,843.84. The Tribunal was satisfied that these funds were sufficient to meet the required amount and that the applicant would have genuine access to them, as the identities of his parents and brother were confirmed.

Consequently, the Tribunal was satisfied that the applicant met clause 500.214 of Schedule 2 to the Regulations. As a result, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa, subclass 500, to the Minister for reconsideration, with the direction that the applicant meets the financial capacity criteria.